How to Register a Trademark for Your Startup (Step-by-Step Guide)

Introduction

Starting a company is hard. Protecting your brand should not be.

Your startup’s name, logo, and identity are some of your most valuable assets. Without a registered trademark, they are vulnerable. Competitors can copy you, marketplaces can remove your listings, and investors may hesitate during due diligence.

This guide walks you through exactly how to register a trademark, step by step, and explains when it makes sense to work with a lawyer.

What Is a Trademark (and Why It Matters for Startups)

A trademark is a word, phrase, logo, or symbol that identifies your business and distinguishes it from others.

For startups, trademarks are critical because they:

• Protect your brand from copycats

• Give you exclusive legal rights to your name

• Increase your company’s valuation

• Prevent costly rebranding later

Without a trademark, you do not fully own your brand.

What Can You Trademark?

You can trademark:

• Business names such as “Stripe”

• Product names such as “iPhone”

• Logos

• Taglines

You generally cannot trademark:

• Generic terms like “Software Company”

• Descriptive names without distinctiveness

• Names too similar to existing trademarks

Choosing a strong name upfront is one of the most important steps.

Step-by-Step: How to Register a Trademark

Step 1: Conduct a Trademark Search

Before filing anything, you need to check if your name is already taken.

Where to search:

• USPTO database (TESS)

• Google

• Domain names

• Social media

What to look for:

• Similar names, not just exact matches

• Same industry or category

• Phonetic similarities

This is where many startups make mistakes. A quick search is not enough. You need a comprehensive clearance search.

Step 2: Choose Your Filing Basis

You will need to decide how you are filing.

Use in Commerce

You are already using the trademark publicly.

Intent to Use

You plan to use it soon. This is common for startups.

Most early-stage startups file under Intent to Use.

Step 3: Prepare Your Application

You will need:

• Owner name, either you or your company

• Trademark, either word or logo

• Description of goods or services

• Trademark class

Example:

• SaaS product falls under Class 42

• Clothing falls under Class 25

Choosing the wrong class can delay or weaken your protection.

Step 4: File with the USPTO

You will file through the USPTO TEAS system.

Filing options:

• TEAS Plus, which is cheaper but stricter

• TEAS Standard, which is more flexible

Cost:

About $250 to $350 per class

After filing, you will receive a serial number to track your application.

Step 5: Examination Process

A USPTO attorney reviews your application.

This can take 6 to 9 months.

They may issue an Office Action if:

• Your name is too similar to another

• Your description is unclear

• Your trademark is too descriptive

You must respond within 6 months.

Step 6: Publication and Opposition

If approved, your trademark is published for 30 days.

During this time, others can oppose your trademark.

If no one objects, your application moves forward.

Step 7: Registration or Notice of Allowance

If you filed under Use in Commerce, you receive registration.

If you filed under Intent to Use, you must submit proof of use before registration is granted.

Step 8: Maintain Your Trademark

Trademarks require ongoing maintenance.

You must:

• File between years 5 and 6

• Renew every 10 years

• Monitor for infringement

Common Trademark Mistakes Startups Make

• Skipping a proper search

• Choosing descriptive names

• Filing in the wrong class

• Trying to handle complex filings alone

• Not enforcing their trademark

These mistakes can cost thousands later.

How Long Does Trademark Registration Take?

Typical timeline:

• Filing: immediate

• Review: 6 to 9 months

• Registration: 9 to 18 months

Protection begins once you file.

How Much Does It Cost?

DIY:

$250 to $350 per class

With a lawyer:

$1,000 to $3,000 or more depending on complexity

When Should You Hire a Trademark Lawyer?

You do not always need one, but it is recommended if:

• You are building a serious startup

• You plan to raise funding

• You are unsure about conflicts

• You receive an Office Action

• You want stronger protection

Many startups are forced to rebrand after scaling. This is avoidable with the right approach.

Final Thoughts

Registering a trademark is one of the highest return legal steps you can take as a founder.

It protects your brand, strengthens your business, and prevents problems before they happen.

The earlier you do it, the better.

Ready to Protect Your Brand?

If you are building a startup, your brand is one of your most valuable assets.

Ana Law helps founders secure trademarks, avoid costly mistakes, and protect their companies as they scale.

Book a strategy session to get started.